Manawatu HRC 28 March 2024 – R7 – Todd Mitchell

Background:

Following the running of Race 7, the “C A Penny – Pick It Up and Win” F&M Mobile Pace, an Information was lodged alleging a breach of Rule 869(3)(b).

Details of the Information are as follows:

‘in that he allowed his mare to shift inwards near the 450m resulting in “Apple of My Eye” (Z Meredith) being checked and breaking and losing it’s chance’

Mr Mitchell confirmed that he understood the Rule and admitted the breach.

Rule 869(3)(b) provides:

No driver in any race shall drive carelessly.

Evidence:

Using available film, Steward K Coppins identified the incident and horses involved. Approaching the 450 metres, there were 3 horses vying for the lead with DIAMONDS ARE FOREVER 3 wide and APPLE OF MY EYE against the markers. Mr Mitchell sought to press forward and cross. In doing so, his drive was insufficiently clear of APPLE OF MY EYE. As a result, this horse was checked and broke.  It was noted that at the time of the incident, APPLE OF MY EYE was starting to weaken. Mr Mitchell did confirm that contact was made with his sulky.

Decision:

As the charge was admitted, it was deemed proved.

Submissions for Penalty:

Stewards outlined the Respondent’s record as it relates to a breach of this Rule within the reference period. His record is clear. Stewards contended that the careless drive sat mid to high end, with the current Guidelines providing for a 3 day suspension in circumstance of high level breach. Mr Mitchell did not offer comment, but sought deferment of any imposed suspension to enable him to satisfy commitments at Waikato BOP Harness on 4 April 2024.

Reasons for Penalty:

The Adjudicative Committee considered all evidence and submissions. Film provided satisfactorily identifies the incident. It is determined that the degree of carelessness sits mid range, with a 2 day suspension imposed.

Conclusion:

The Respondent’s Licence to drive is suspended for 2 days, taking effect from close of racing on 4 April 2024, up to and including 19 April 2024. Meetings affected are Waikato BOP Harness Inc – 12 April 2024 and Auckland Trotting Club Inc – 19 April 2024.